Special Registration and AOS issues.

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casa1975

Registered Users (C)
I married a US citizen two months ago. applied for AOS, received all notices.
the problem is that I didnt perform the special registration that was asked of some male from certain countries during 2002 and 2003 since I was out of status at that time.
Anyone with the same situation, or know what will happen .

thanks

RD: 7/24/2006
ND: 7/28/2006
 
Last edited by a moderator:
First you WILL get RFE for Special Registration. I think you have to call the Local office to setup an appointment.

I had the same experience but I had a lawyer with me. Basically you have to go to your Local District Office and tell them that you need to do Special Registration. Call them first ask about Special Registration.

When I did it, my lawyer told me to bring about $2000 - $5000 to bail me out just in case they arrested me. So I could only came up w/ $2000 hoping it won't be that much.

I was in Columbus, OH at that time. The Special Registration was handled in different office, NOT USCIS office. If I'm not forgotten it's the Custom Investigation Unit. The USCIS was scaring me at that time when my lawyer asked them why it was moved and their respond was "It's closer to jail"

Turned out they didn't do anything to me and just register me on the spot with no problem. I think you'll be alright if you never had any criminal background or anything like that.
 
casa1975 said:
I married a US citizen two months ago. applied for AOS, received all notices.
the problem is that I didnt perform the special registration that was asked of some male from certain countries during 2002 and 2003 since I was out of status at that time.
Anyone with the same situation, or know what will happen .

thanks

RD: 7/24/2006
ND: 7/28/2006
Click to expand...

In most cases, you will be allowed to register after the time. However, having an attorney is a good idea, since you have technically disobeyed a very important requirement of your status in the US -- normally works out OK. The agency you are registered with is not USCIS, it is ICE(Immigration and Customs Enforcement). They are a lot more "military-like", hence the comfort of having an attorney with you will be invaluable.

I have seen cases where this issue did not arise until the interview, but just be prepared.
 
it all depends on who u get. My younger brother married to a US citizen never did his Special registeration and never had any issues. I did my special registeration and forgot to take it on the day of the interview. The lady was very nice and when I asked her if she needed that since I forgot and could have it faxed said that procedure was a waste of time and we are not even asking for that. Hope this info helps.

Regards,

QCO
 
thanks to your replies.
I talked to my lawyer and said that they handle it differently from state to state, here in Connecticut he said that most probably they will send you to see a judge, then post bail, in case he had, he said that AOS was granted after a long time of course, and said that he hopes that will change this practice since the judge was granting permanent residency to people who didnt perform the special registration .

thanks
 
casa1975 said:
thanks to your replies.
I talked to my lawyer and said that they handle it differently from state to state, here in Connecticut he said that most probably they will send you to see a judge, then post bail, in case he had, he said that AOS was granted after a long time of course, and said that he hopes that will change this practice since the judge was granting permanent residency to people who didnt perform the special registration .

thanks
Click to expand...

What a previous poster said is correct - it depends very much on the person interviewing. USCIS is not the agency that enforces this and there have been many cases where DAO has chosen to ignore this. ICE and USCIS do not see eye to eye on many things... I have read reports and heard quite a few debates about NSEERS registration and security background check issues that caused quite a stir...such is the world of immigration. Best advice ... be prepared for anything, but it should be resolved in the end...most cases I have seen the issue did not even come up until the interview.
 
Similar situation

I am in a similar situation, the only difference is my wife had a GC and I had an application pending with USCIS when they came up with NSEERS. I wasn't out of status but I didn't know I had to go. Anyway here is the outcome:

As others said it all depends on where you are located. But from my experience it all depends on the USCIS office that the ICE office is in its district. I went to ICE office in Delaware and even though I had no reason not to appear as I was legal all along, the officer told me that the direction he has is to send all NSEERS issue infront of immigration judge ????

So I was scheduled to appear infront of a judge for removal proceeding, I still don't have an outcome but my Lawyer is assuring me it will be corrected soon once USCIS schedule my I130 interview (which is taking forever now)

It all depends where you are,,, since there is no clear law governing it and every officer can basically do what he wishes.
 
one more thing

If you received RFE contact a lawyer immediately and get him to help you fill the respond letter. As if you told them that you didn't go because you didn't have a status it could create a lot of issues for you. As the law will punish you If you WILLINGFULLY didn't complete registration. After you reply you should receive a notice of intent to deny (NOID) within 60 days, which will ask to appear in the ICE office, to see if you didn't register willingful or you had an execuse. Which in turn will register you or transfer you to immigration judge.
 
It all depends where you are,,, since there is no clear law governing it and every officer can basically do what he wishes.[/QUOTE]

This is not entirely true -- it is just that there is relatively few examples of case law on this and relatively fresh. If you have a good attorney, I would not be too concerned. Many applicants are placed in proceedings in front of the judge, but it is normally resolved due to marriage based I130 petition. The risk appears to be higher for spouses of GC holders.

As a side note, even though you said that you were legal all the way, I have to remind you that ignorance of the NSEERS rules is not an excuse according to the law. While I maintain that I think you will be fine(by the little I know of your case), you have to remember that you did break the law in not registering. All you are doing now is jumping through hoops...
 
A small correction

My wife was a GC holder when we got married but now she is a US citizen. We waited until she received her citzenship and then we applied as I was in a legal status and was advised by immigration and a lawyer to wait until she receives her citizenship. After waiting 5 years until she finally received her citzenship we applied and then we were faced with NSEERS which no body mentioned to us before. After receiving the notice I discussed it with lawyers in Florida, NC, NJ, PA, DE, CA and everyone told me something different. At the beginning I thought they don't know what they are doing and finally after speaking with the immigration officer I was told that it is based on the USCIS office. In PA the direction is to put all NSEERS cases on proceeding. Thats why I am saying it is up to the immigration officer to decide. Any individual missing NSEERS did break the law an the punishment for breaking this law is deportation (Fed. Reg. 2363-66 & 68 Fed. Reg. 8046-47 (extension) states that: Failure to comply with registration is an indication the alien is removable for having failed to maintain status under INA 237(a)(1)(C)(i) unless he can show that "the failure was reasonably excusable or was not willful." 67 Fed. Reg. 6766.)
Now is being married to US Citizen will execuse you from that law as it washes off most of the mistakes? No body can confirm or deny that.

Also check this websites
www.ilw.com/articles/2006,0214-reichard.shtm
It will show you the amount of confusion in this cases.
 
noname1974 said:
My wife was a GC holder when we got married but now she is a US citizen. We waited until she received her citzenship and then we applied as I was in a legal status and was advised by immigration and a lawyer to wait until she receives her citizenship. After waiting 5 years until she finally received her citzenship we applied and then we were faced with NSEERS which no body mentioned to us before. After receiving the notice I discussed it with lawyers in Florida, NC, NJ, PA, DE, CA and everyone told me something different. At the beginning I thought they don't know what they are doing and finally after speaking with the immigration officer I was told that it is based on the USCIS office. In PA the direction is to put all NSEERS cases on proceeding. Thats why I am saying it is up to the immigration officer to decide. Any individual missing NSEERS did break the law an the punishment for breaking this law is deportation (Fed. Reg. 2363-66 & 68 Fed. Reg. 8046-47 (extension) states that: Failure to comply with registration is an indication the alien is removable for having failed to maintain status under INA 237(a)(1)(C)(i) unless he can show that "the failure was reasonably excusable or was not willful." 67 Fed. Reg. 6766.)
Now is being married to US Citizen will execuse you from that law as it washes off most of the mistakes? No body can confirm or deny that.

Also check this websites
www.ilw.com/articles/2006,0214-reichard.shtm
It will show you the amount of confusion in this cases.
Click to expand...

You do good homework...I am very much familiar with the regulations you are quoting. The issue is whether these regulations are literally enforced on a daily basis. While there is no legal guarantee in your case, in my experience most cases in this situation, married to a US Citizen, is usually resolved, although perhaps with different procedures depending on the local office.

However -- while your case may be a good question on a law school examination question, it is not appropriate for this forum. Consult with an attorney in your state, who deals with the procedures at your local office. I do not understand why you contacted in attorneys in multiple states for your case...make sure the attorney you consult with is experienced with removal proceedings and NSEERS.
 
pianoplayer said:
However -- while your case may be a good question on a law school examination question, it is not appropriate for this forum.
Click to expand...

Hmmmm what made you think you can decide what is appropriate and what is not appropriate for this forum. I don't think my case is offensive to any body that would make it inappropriate, the entire purpose of this forum is for people to share their experience of what happened in similar immigration related problems. So I can expect what will happen in the next step, and sometimes even find a solution for a problem, brainstorming and sharing previous experiences is very helplful to solve any problem. It is used in making sound decisions accross the globe. Off course this is in addition to strong legal counseling.
 
noname1974 said:
Hmmmm what made you think you can decide what is appropriate and what is not appropriate for this forum. I don't think my case is offensive to any body that would make it inappropriate, the entire purpose of this forum is for people to share their experience of what happened in similar immigration related problems. So I can expect what will happen in the next step, and sometimes even find a solution for a problem, brainstorming and sharing previous experiences is very helplful to solve any problem. It is used in making sound decisions accross the globe. Off course this is in addition to strong legal counseling.
Click to expand...

I did not mean to offend you -- I think you misunderstood what I was saying. When I said your post is inappropriate for this forum, I did not mean that it was offensive. I just meant that I do not think you will necessarily get sound answers from here. You will find that most laypeople are simply not qualified to answer your questions(and you must be careful to not follow erroneous advice). You will find that when an attorney comes on here, he/she will not do much in the way of answer your question either, because so much of the legal analysis of your case depend on your individual facts and he/she would have to ask so many questions that simply cannot be addressed in this forum.

This forum is excellent for answering basic questions about forms, procedures etc. and comparing timelines. But I was merely warning you that a question such as the one you pose, is not really material for this forum. However, as you pointed out, I am not the one who decides what people can ask/can't ask. It was just a suggestion, which I still believe is good advice.

Best wishes
 
I am sorry I misunderstood your comment, I guess it is all because I am frustrated and tired of the wait. My lawyer keeps assuring me that everything will be alright but he can't tell me when. As of now I can't even work because I didn't get my EAD. If things didn't get resolved quickly, I have to pack my bags together with my wife and kids and leave. Whenever I ask my lawyer shouldn't I get EAD, he says it was never denyed so we can't reapply. Same thing for 485 and 130, all we can do is wait and keep inquiring about the status. It is totally unacceptable that every thing with USCIS is very time consuming.
 
noname1974 said:
I am sorry I misunderstood your comment, I guess it is all because I am frustrated and tired of the wait. My lawyer keeps assuring me that everything will be alright but he can't tell me when. As of now I can't even work because I didn't get my EAD. If things didn't get resolved quickly, I have to pack my bags together with my wife and kids and leave. Whenever I ask my lawyer shouldn't I get EAD, he says it was never denyed so we can't reapply. Same thing for 485 and 130, all we can do is wait and keep inquiring about the status. It is totally unacceptable that every thing with USCIS is very time consuming.
Click to expand...

Apology accepted and you have my sympathy. I infer from your post that you do have an attorney working on your case. I assume that you have made sure that he/she is experienced with handling removal proceedings, in particular NSEERS cases. Most immigration attorneys, do not do these cases as "run-of-the-mill" cases --- even some very good ones. Having someone who is experienced with these is absolutely fundamental.

Best wishes
 
As you were all saying, it depends on the local office and the officer, I had heard about few people, some were asked to provide proof of registration as soon as they sent their AOS package and one person who werent even asked anything about his registration, eventhough he failed to register and was approved, and other were put on removal proceeding and have to see a judge.
this article shed some light on the different proceeding that every local office has, and we hope this will change soon, as it is a waist of money and time, since most of the people that failed to register get approved, if they dont have anything else that prevent them from adjusting.

http://www.cyrusmehta.com/news_cyrus.asp?news_id=1347

thanks to everyone for your imputs.


casa1975
 
good news

Finally I received my I130 interview and got the approved I130 and presented it to the court, and the proceeding was terminated. Now I am waiting for the I485 interview. I know it is confusing but thats how it works.

You receive RFE for NSEERS, if you didn't do it, you receive NOID (notice of intent to deny) you go to the local ICE and they in turn transfer you to removal procedure. The Judge usually give you continuance pending the I130 interview. The USCIS doesn't have any control over your I485. The USCIS schedule your interview (after getting the congressman involved & info pass appointments). The USCIS approve the I130 and close the I485 pending court decision & deny the I765 for being in proceeding. You then go to the court present the I130 approval to the judge who in turn terminate the removal and send your file back to USCIS. Then you apply for another I765 and you await for the I485 interview (Info pass if needed to speed it up) The time line from the time you apply to the time you receive the I130 approval is about 11 month.
Here is how mine was:
11/30/2005 USCIS received application (I130, 485 & 765)
1/26/2006 received notice for biometrics to be done on 2/21/2006
2/11/2006 RFE for Nseers
2/17/2006 responded for RFE
2/21/2006 Biometrics done
5/15/2006 NOID due to failure to complete NSEERS scheduling 6/6 appointment.
6/6/2006 Went to ICE to register Placed in removal procedure
7/26/2006 Went to court but immigration failed to prosecute
8/9/2006 received notice for hearing on 10/25/2006
10/4/2006 Infopass appointment to inquire about I130 delay
10/9/2006 I130 interview notice on 10/24/2006, I765 denied
10/24/2006 I130 approved, I485 adminstratively closed
10/25/2006 Removal hearing, terminated proceeding
10/27/2006 New I765 application since reason for denial is eliminated.
 
Good news indeed , I think your journey is almost over, my friend went in front of the judge and was granted GC .
I wish you luck
for me I am still waiting for the NOID and registration appointment.
 
Hello all,

I am stuck in a similar situation and need your opinion.

My marriage based I-130 was approved and I have had the I-485 interview here in indianapolis.

At the interview the officer asked me why I did not register, I told her and showed her a print out from the American Embassy in Canada stating that Citizen's of canada even from foreign decent are not required to register.

This was on 2-11 of this year. I just received an email from my lawyer stating that I may receive a letter from the USCIS with an intent to decline my application since I did not register for the NSEERS !!!

I have been married for 4 years and my wife is 6 months pregnant and I am very worried about this and espescially of being detained since I heard they detain you while the courts look over your case !!

FYI, both my name cheack and finger prints HAVE cleared !!
 
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